RAJIYA Vs. SAYYED MUNIR AHMAD HASSEN

JUDGEMENT

(1.) The short point to be decided in this Criminal Revision Application is as to whether a wife who is divorced is entitled to a maintenance notwithstanding a valid divorce.

(2.) The applicant, the revision-petitioner herein, is a Muslim wife. She filed a Criminal Misc. Petition No. 84 of 1975 in the Court of the Chief Judicial Magistrate, Satara, for her maintenance under section 125 of the Code of Criminal Procedure for herself and her minor daughter on the ground that the husband had neglected and refused to maintain her and her daughter. After due inquiry the Chief Judicial Magistrate held that the wife and daughter are entitled to an order of maintenance. Accordingly, the learned Magistrate directed the respondent husband to pay Rs. 50/- to the wife and Rs. 30/- to the daughter. It appears that a revision application is filed by the respondent against the said order granting maintenance which was dismissed on May 27, 1976 by the Court of Sessions. A criminal application, being Application No. 2530 of 1976 was filed under Article 227 of the Constitution of India in this Court which also came to be dismissed on January 12, 1977.

(3.) Pending the above referred proceedings, the respondent filed the present application under section 127(3)(b) of the Code of Criminal Procedure for cancellation of maintenance order. The said application filed by the respondent was resisted by the petitioner-wife on various grounds. It was contended by the petitioner in these proceedings (1) that there was no lawful divorce; (2) that there was no payment of the Mehr amount; (3) the husband did not pay the price of ring and watch which was gifted to him by the parents of the petitioner at the time of the marriage; (4) the wife claimed an amount of Rs. 5,000/- which was spent by her parents at the time of the marriage; (5) it is further contended by the petitioner that Iddat period maintenance was insufficient; (6) the petitioner also, inter alia, contended that there is a custom in the community that the divorce be given in the presence of the husband and wife and a panchas of the community wherein all the monetary claims of the parties are settled. The said custom has not been followed by the respondent; and (7) it was lastly contended that in spite of the divorce, the petitioner wife continues to have a right of maintenance.